As a Canyon Creek homeowner, you may ask “How will the HOME (Home Options for Middle-Income Empowerment) phase 1 code changes and potential future phase 2 code changes affect you and your neighborhood?” Our Canyon Creek deed restrictions clearly state that only single-family homes are allowed in our neighborhood without the possibility of subdividing an existing lot into smaller lots. Your HOA board has consistently enforced our deed restrictions to protect our homeowners which means that if a developer (or a homeowner) attempts to subdivide an existing lot or build up to three dwellings on a single existing lot under HOME phase 1, our HOA will file a lawsuit on behalf our of our Association members to block this effort and to fully and rigorously enforce our stated deed restrictions. The city will not enforce legally binding neighborhood deed restrictions since deed restrictions are a private covenant between only the homeowner and the Association and the city is not a party to that deed restriction. This means that the city could theoretically grant a multi-unit development permit to a developer (or homeowner) if it fully complies with all code requirements of the LDC, regardless of whether our neighborhood deed restrictions prohibit this. The net bottom line is that the HOME phase 1 code changes just approved and potential HOME phase 2 codes in 2024 are extremely unlikely to cause our neighborhood to change into a community with many very small lots and homes or multi-family housing.
What is the HOME initiative?
The City of Austin’s “HOME” (Home Options for Middle-Income Empowerment) resolution was approved by city council last Thursday, Dec 07 2023. This is a change to the city’s Land Development Code (LDC). The HOME Phase 1 initiative that was just approved will allow more dwellings – up to 3 total – on a single-family zoned lot. Phase 1 will also eliminate the maximum number of unrelated adults that may reside in a dwelling unit. Phase 1 will not consider more extensive changes such as reducing the minimum SF zoned lot size from 5750 sq ft down to 2500 sq ft. That proposed change will come under HOME phase 2 which will likely be voted on by city council in the first quarter of 2024.
The HOME Phase 2 initiative will consider more detailed and comprehensive changes to the LDC such as:
reduction of minimum lot size under SF zoning from the current 5750 sq ft under HOME phase 1 down to 2500 sq ft minimum lot size under HOME phase 2 (this means that an existing 10,000 sq ft lot in Canyon Creek could be subdivided into 4 lots of 2500 sq ft each with a small dwelling on each small lot)
easier subdividing of existing lots
increased maximum allowable impervious cover limitations
reduced property setbacks (front, sides and back of existing lots)
Increased height limitations on dwelling structures
All of these potential changes are part of the drive for increased housing density within the Austin city limits while potentially offering more affordable housing throughout the city.
For more info on the HOME initiative, click on this link KXAN news article on the HOME initiative .
Your Canyon Creek HOA Board